Monday, April 9, 2018

UPTET News - जूनियर शिक्षको पर संकट, बगैर टेट पास कियेे पदोन्नति पाने का है मामला, जबकि टेट पास योग्य बेरोजगार सड़कों पर

UPTET  News - जूनियर शिक्षको पर संकट, बगैर टेट पास कियेे पदोन्नति
पाने का है मामला, जबकि 
टेट पास योग्य बेरोजगार सड़कों पर









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Tuesday, April 3, 2018

News - मानदेय कर्मियों को भी मेटरनिटी लीव का लाभ -

 News - मानदेय कर्मियों को भी मेटरनिटी लीव का लाभ 



HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 58 

Case :- WRIT - A No. - 9275 of 2018 

Petitioner :- Smt. Pooja Dixit 
Respondent :- State Of U.P. And 2 Others 
Counsel for Petitioner :- Lavkush Kumar Bhatt 
Counsel for Respondent :- C.S.C.,Shashi Kant Verma 

Hon'ble Ashwani Kumar Mishra,J. 
In somewhat similar facts and circumstances, this Court has already disposed of Writ Petition No.62267 of 2017 (Akanksha Mishra Vs. State of U.P. and others), vide following orders passed on 21.12.2017:- 
"Heard Sri Lavkush Kumar Bhatt, learned counsel for the petitioner, Sri S.K. Verma, learned counsel for the respondent no. 2 and learned Additional Chief Standing Counsel for the respondents no.1and 3. 
The petitioner in the writ petition is claiming maternity leave. According to her she applied for maternity leave w.e.f. 20.12.2017. In respect of her claim, the petitioner has submitted an application dated 30.10.2017, Annexure-2 to the writ petition, before the District Basic Education Officer, Farrukhabad through the Principal, Poorva Madhyamik Vidyalaya, Amethi Jadid, Block Barhpur, District Farrukhabad, under receiving which has been forwarded by the Principal to the District Basic Education Officer, Baghpat. The learned counsel for the petitioner has placed reliance upon a Government order dated 22.12.2015, which is applicable in the case of honorary teachers, being paid honorarium of the post graduate colleges and submits that the petitioner is also entitled to maternity leave. A similar matter came up before the Supreme Court in the case of Municipal Corporation of Delhi Vs Female Workers reported in 2000 LawSuit (SC) 487 wherein the Supreme Court referring to Article 11 of the Convention on the Elimination of all forms of discrimination against women adopted by the United Nations on 18.12.1979 has held that the principles laid down in Article 11 thereof must be read into the contract of service of the women employees employed in the Municipal Corporation of Delhi. Paragraph 34 of the judgment reads as under:- 
"Delhi is the capital of India. No other City or Corporation would be more conscious than the City of Delhi that India is a signatory to various International covenants and treaties. The Universal Declaration of Human Rights, adopted by the United Nations on 10th of December, 1948, set in motion the universal thinking that human rights are supreme and ought to be preserved at all costs. This was followed by a series of Conventions. On 18th of December, 1979, the United Nations adopted the "Convention on the Elimination of all forms of discrimination against women". Article 11 of this Convention provides as under:- 
"Article 11 
1. States Parties shall take all appropriate measures to eliminate discrimination against women in the field of employment in order to ensure, on a basis of equality of men and women, the same rights, in particular; 
(a) The right to work as an inalienable right of all human beings; 
(b) The right to the same employment opportunities, including the application of the same criteria for selection in matters of employment; 
(c) The right to free choice of profession and employment, the right to promotion, job security and all benefits and conditions of service and the right to receive vocational training and retraining, including apprenticeships, advanced vocational train-ing and recurrent training; 
(d) The right to equal remuneration, including benefits, and to equal treatment in respect of work of equal value, as well as equality of treatment in the evaluation of the quality of work; 
(e) The right to social security, particularly in cases of retire-ment, unemployment, sickness, invalidity and old age and other incapacity to work, as well as the right to paid leave. 
(f) The right to protection of health and to safety in working conditions, including the safeguarding of the function of repro-duction. 
2. In order to prevent discrimination against women on the grounds of marriage or maternity and to ensure their effective right to work, States Parties shall take appropriate measures : 
(a) To prohibit, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or of maternity leave and discrimi-nation in dismissals on the basis of marital status; 
(b) To introduce maternity leave with pay or with comparable social benefits without loss of former employment, seniority or social allowances; 
(c) To encourage the provision of the necessary supporting social services to enable parents to combine family obligations with work responsibilities and participation in public life, in particular through promoting the establishment and develop-ment of a network of child-care facilities; 
(d) To provide special protection to women during pregnancy in types of work proved to be harmful to them.
3. Protective legislation relating to matters covered in this article shall be reviewed periodically in the light of scientific and technological knowledge and shall be revised, repealed or extended as necessary." 
It is not disputed that the conditions which are applicable to the contractual women employees would also be applicable in the case of the present petitioner and any act to the contrary would amount to discrimination against women employees. 
In this view of the matter, this writ petition is disposed of with a direction to the respondent no. 2-District Basic Education Officer, Farrukhabad to consider the claim of the petitioner for grant of maternity leave in accordance with law in the light of the observations made above within a period of one month from the date of receipt of a certified copy of this order in his office. 
The petitioner shall also provide a copy of the application dated 30.10.2017 along with certified copy of this order to respondent no.5." 
Facts being similar, this writ petition is also disposed of on the same terms. 
Order Date :- 3.4.2018 
Anil 




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UPTET News - 72825 में बचे हुए पदों पर याचियों को रिप्रेजेंटेशन देने को कहा, शासन कानूनानुसार निस्तारित करे -

UPTET News - 72825 में बचे हुए  पदों पर  याचियों को रिप्रेजेंटेशन देने को कहा, शासन कानूनानुसार निस्तारित करे  


HIGH COURT OF JUDICATURE AT ALLAHABAD 

?Court No. - 58 

Case :- WRIT - A No. - 9248 of 2018 

Petitioner :- Ramesh Kumar Sharma And 3 Others 
Respondent :- State Of U P And 3 Others 
Counsel for Petitioner :- Amit Kumar Pandey 
Counsel for Respondent :- C.S.C. 

Hon'ble Ashwani Kumar Mishra,J. 
It is stated that in similar facts and circumstances this Court had disposed of Writ Petition No.6400 of 2018 vide following order passed on 22.2.2018:- 
"Heard learned counsel for the parties. 
Devendra Kumar Pandey and 55 others are before this Court to issue direction to the respondents to complete the recruitment process for remaining 1536 posts of Assistant Teachers in Primary Schools run and managed by the U.P. Basic Education Board, Allahabad and issue appointment letters in their favour in the light of decision of Apex Court dated 25.7.2017 in Civil Appeal Nos.4347-4375 of 2014 (State of UP and ors vs. Shiv Kumar Pathak and others). 
Learned counsel for the petitioners states that the petitioners have already filed a representation dated 8.2.2018 before the respondent no.2 i.e. Additional Chief Secretary (Basic Education), U.P. Lucknow for redressal of their grievance, which is still pending. He has confined his prayer only to the relief that the petitioners' representation dated 8.2.2018 may be considered by the appropriate authority. 
Learned Additional Chief Standing Counsel for the State respondents has no objection to the said prayer. 
No useful purpose would be served in keeping the writ petition pending. 
In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case and with the consent of parties, this writ petition is disposed of finally with a direction to the Additional Chief Secretary (Basic Education), U.P. Lucknow to decide the petitioners' representation in accordance with law within a period of six weeks from the date of production of a certified copy of this order before him." 
Facts being similar, this writ petition is also disposed of with the observation that in case petitioners make a representation in respect of their grievance before respondent no.2, the same shall be got examined by the authority concerned, in accordance with law, within a period of three months from the date of making of representation. 
Order Date :- 2.4.2018 
Ashok Kr. 




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Sunday, April 1, 2018

UPPSC 10768 LT Grade Teacher Recruitment 2018 Online Application Form

UPPSC 10768 LT Grade Teacher Recruitment 2018 Online Application Form


उत्तर प्रदेश मे होगी शिक्षको की भर्ती 2018-19: लोक सेवा आयोग सहायक अध्यापक प्रशिक्षित स्नातक (एलटी ग्रेड शिक्षक) श्रेणी पुरुष एवं महिला शाखा परीक्षा 2018  के लिए ऑनलाइन आवेदन 15 मार्च से शुरू । इनमें से 5364 पद पुरुष और 5404 पद महिला सहायक अध्यापकों के हैं 


Total Posts : LT Grade Teacher 10,768 Posts (2018 Recruitment)

Name of SubjectVacancies (MALE)Vacancies (FEMALE)
Hindi696737
English645675
Mathematics561474
Science571474
Social Science926928
Computer898775
Urdu7162
Biology336259
Sanskrit274242
Art192278
Music0860
Commerce263
Physical Education140168
Home Science01269
Agriculture19
TOTAL POSTS5364 Posts5404 Posts
Educational Qualification (As on 16.04.2018):
Hindi :- (i) Bachelor Degree with Hindi as a Subject from a Recognized University in India & Intermediate with Sanskrit as a Subject or Equivalent Examination with Sanskrit.
(ii) B.Ed or Equivalent Degree from a recognized University of India.
English :- (i) Bachelor Degree with English as a Subject from a Recognized University in India or Equivalent Degree recognized by the University.
(ii) B.Ed or Equivalent Degree from a recognized University of India.
Mathematics :- (i) Bachelor Degree with Math as a Subject from a Recognized University in India.
(ii) B.Ed or Equivalent Degree from a recognized University of India.
Science :- (i) Bachelor Degree with Physics & Chemistry as a Subject from a Recognized University in India or Equivalent Degree recognized by the University.
(ii) B.Ed or Equivalent Degree from a recognized University of India.
Social Science :- (i) Bachelor Degree with at least any two of the Subjects amongs the Subjects History, Geography, Political Science & Economics from a Recognized University in India.
(ii) B.Ed or Equivalent Degree from a recognized University of India.
Computer :- (i) B.Tech./B.E. (in Computer Science) from a Recognized University of India.
OR
B.Sc. in Computer Science
OR
B.Sc. in Computer Application
OR
Bachelor of Computer Application or ‘Bachelor’s Degree with ‘A’ Level Course from NIELIT.
(ii) B.Ed or Equivalent Degree from a recognized University of India.
Urdu :- (i) Bachelor Degree with Urdu as a Subject from a Recognized University in India or Equivalent Degree recognized by the University.
(ii) B.Ed or Equivalent Degree from a recognized University of India.
Biology :- (i) Bachelor Degree with Zoology & Botany as a Subject from a Recognized University in India or Equivalent Degree recognized by the University.
(ii) B.Ed or Equivalent Degree from a recognized University of India.
Sanskrit :- (i) Bachelor Degree with Sanskrit as a Subject from a Recognized University in India or Equivalent Degree recognized by the University.
(ii) B.Ed or Equivalent Degree from a recognized University of India.
Art :- (i) Bachelor Degree with Arts Subject or Fine Arts as a Subject from a Recognized University in India or Equivalent Degree recognized by the University.
(ii) B.Ed or Equivalent Degree from a recognized University of India.
Music :- (i) Bachelor Degree with Music as a Subject from a Recognized University in India or Equivalent Degree recognized by the University.
OR
Bachelor Degree from a Recognized University in India With Sangeet Visharad from Bathkhande Sangeet Mahavidhyalya or Sangeet Prabhakar from Prayag Sangeet Samiti, Allahabad
Commerce :- (i) Bachelor Degree with Commerce as a Subject from a Recognized University in India or Equivalent Degree recognized by the University.
(ii) B.Ed or Equivalent Degree from a recognized University of India.
Physical Education :- (i) Bachelor Degree from a Recognized University in India
(ii) B.P.Ed. or B.P.E. Degree From a Recognized University in Indian
Home Science :- (i) Bachelor Degree with Home Science as a Subject from a Recognized University in India or Equivalent Degree recognized by the University.
(ii) B.Ed or Equivalent Degree from a recognized University of India.
Agriculture/ Horticulture :- (i) Bachelor Degree with Agriculture/ Horticulture as a Subject from a Recognized University in India or Equivalent Degree recognized by the University.
(ii) B.Ed or Equivalent Degree from a recognized University of India.
Age Limit (As on 01 July 2018) :
Candidates Should be 21 to 40 Years. The candidates should not be born before 02.07.1978 & should not be born after 01.07.1997…….. (For All the Age Relaxation See Official Notification).
Pay Scale:-
Rs. 9300 – 34800 with Grade Pay 4800/-  & Other Allowances.
Application Fee:-

Application Fee
  • For General/OBC candidates: Rs 100
  • For SC/ST candidates: Rs 40
  • For PH candidates: Nil
Note: The Application Fee can be paid online through credit/debit card, net banking or through eChallan at Bank.

Selection Process:-
Selection will be based on Written Test…To Check Detailed Selection Process visit official link.
How to Apply:-
Application form should be accepted in only online mode. Offline or any other mode will be rejected. So all the candidates apply under online mode and without submit application fee the form not be accepted. All the candidates before submission application fee check all the entry fill in the form is corrected because after fee submission under any circumstances fee should not be refundable.
Important Dates :
Online application Started15.03.2018
Last date for registration16.04.2018
Last date for Submit Application12.04.2018

Last Date : 16/04/2018




Apply Online Here - Click Here

Pay Scale


  • Rs. 9300 - 34800 with Grade Pay 4800/- & Other Allowances



  • Hindi: Male – 573 & Female – 636
  • English: Male – 573 & Female – 608
  • Mathematics: Male – 573 & Female – 636
  • Science: Male – 443 & Female – 456
  • Social Science: Male – 710 & Female – 739
  • Computer: Male – 773 & Female – 775
  • Urdu: Male – 66 & Female – 57
  • Biology: Male – 281 & Female – 253
  • Sanskrit: Male – 231 & Female – 234
  • Art: Male – 195 & Female – 221
  • Music: Male – 07 & Female – 55
  • Commerce: Male – 23 & Female – 03
  • Physical Education: Male – 131 & Female – 134
  • Home Science: Male – 01 & Female – 260
  • Agriculture: Male – 18

UPPSC LT Grade Teacher Apply Online 2018 @uppsc.up.nic.in

  1. Visit the official website uppsc.up.nic.in or directly click on the link attached here.
  2. You will land on the homepage of the official website.
  3. Search for the related link “UP LT Grade Teacher Recruitment 2018 Notification” on the homepage.
  4. Go through the UPPSC LT (Licentiate Teacher) Grade Notification details carefully.
  5. Ensure the eligibility for LT Grade Teacher Vacancy in UP & click on “UPPSC LT Grade Teacher Apply Online” tab.
  6. Fill the UP LT Grade Teacher Application form 2018 with all the necessary details.
  7. Recheck all the details once before submitting UP LT Grade Teacher Application Form 2018.
  8. Keep the hard copy of the UPPSC LT Grade Teacher Online Application for further reference.

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अगर ट्रांसफर नहीं हुआ तो शिक्षिकायें कर सकती हैं 2 साल लगातार चाइल्ड केयर लीव की याचिका

अगर ट्रांसफर नहीं हुआ तो शिक्षिकायें कर सकती  हैं 2 साल लगातार चाइल्ड केयर लीव की याचिका 


बहुत सी महिला शिक्षिकाएं पति / ससुराल के पास ट्रांसफर न मिलने की सम्भावना को देखते हुए अब लगातार 2  साल चाइल्ड केयर लीव की याचिका 
दायर करने की चर्चा कर रही हैं , उनका कहना है कि चाइल्ड केयर लीव बच्चे के पालन पोषण के लिए  है और पति / ससुराल से दूर अकेले काम करने के 
कारण बच्चे के पालन पोषण में कठिनाइयों का सामना करना पड़ता है | 

फिलहाल चाइल्ड केयर लीव बच्चों की परीक्षा / बीमारी पर ही मिलती है या किसी विशिष्ट कारण से 



हालाँकि एक महत्वूर्ण निर्णय में अदालत फैसला दे चुकी है :-
छठे वेतन आयोग की रिपोर्ट में चाइल्ड केयर लीव का विशेष प्रावधान और हस्बेंड वाइफ पोस्टिंग एक ही प्लेस पर करने हेतु डी ओ पी टी गाइड लाइंस 2009 को समग्र रूप से देखते हुए , कोर्ट ने हस्बेंड वाइफ को एक जगह पोस्टिंग न देने वाले ऑर्डर को रद्द कर पति पत्नी को एक जगह पोस्टिंग देने को ेलौ किया 

CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD BENCH ALLAHABAD

(THIS THE        DAY OF SEPTEMBER, 2014)

Present
HON BLE MS. JASMINE AHMED, MEMBER (J)

Original Application No.330/01090 OF 2014 
(U/S 19, Administrative Tribunal Act, 1985)
Gyan Chandra Sharma, aged about 54 years, S/o Sadanand Sharma, R/o House No.3, Village-Bholepur, PS-Fatehgarh, District-Farukhabad.
Applicant  
         
V E R S U S

1. Union of India through the General Manager, Eastern Railway, Gorakhpur.
2. The Divisional Railway Manager (P), Eastern Railway, Izzatnagar.
3. The Sr. Divisional Personnel Officer, Eastern Railway, Izzatnagar.
4. The Sr. Section Engineer (Sig.), Eastern Railway, Fatehgarh.

..Respondents

Advocates for the Applicant:- Shri L.M. Singh 
Advocate for the Respondents:- Shri  A. Tripathi


O R D E R
DELIVERED BY HON BLE MS. JASMINE AHMED, MEMBER (J) Shri L.M. Singh, learned counsel for the applicant and Shri Avnish Tripathi, learned counsel for the respondents.

2. The applicant was initially appointed as a Telephone Operator on 16.9.1997 with the Railway. In the year 2002 due to administrative reason the post of Telephone Operator got surrendered and due to that circumstances the applicant was absorbed against the post of TCM-III on 26.7.2002 but the applicant did not accept the post as similarly situated persons were absorbed against Group C post i.e. Assistant Clerk. Consequently, the applicant was also absorbed against the post of Assistant Clerk and was posted at Fatehgarh during the year 2005.

3. This is the second round of litigation. The applicant preferred OA No.330/00777/2014 challenging the transfer order dated 23.4.2014 whereby he was transferred from Izzatnagar to Mathura. After getting the transfer order the applicant preferred a representation dated 1.5.2014. The OA was disposed of on 24.6.2014 with a direction to the respondents to consider and decide the representation of the applicant dated 1.5.2014 as expeditiously as possible by a reasoned and speaking order. The court also granted an interim measure of status-quo as on date in favour of the applicant till the time the representation is decided, and directed not to disturb the applicant. In pursuance of the order dated 24.6.2014 the respondents have passed an order dated 4.8.2014 rejecting the request of the applicant which resulted the present original application.

4. The counsel for the applicant is challenging the legality and validity of the transfer order dated 23.4.2014 passed by the respondent no.2 as well as the rejection of representation dated 4.8.2014 passed by respondent no.3. The applicant states that his wife is a working lady who is working as Assistant Teacher in the Education department under the State Government in Prathamik Vidyalaya, Chawki, Mahmudpur, Kamalganj, Farrukhabad. Prior to posting at Farrukhabad the wife of the applicant was posted at Lalitpur and taking into consideration the spouse ground she was posted at Farrukhabad from Lalitpur vide transfer order dated 12.10.2000 and on 13.10.2000 she joined her duty. Now the applicant has been transferred from Fatehgarh (Farrukhabad) to Mathura.

5. The contention of the counsel for the applicant is that taking into consideration that the wife of the applicant is posted at Farrukhabad he should not be transferred out from Farrukhabad as the O.M dated 30.9.2009 issued from Department of Personnel and Training in respect of posting of husband and wife at the same station says that to enhance the status of women in all walk of life and to enable them to lead a normal family life, also at the same time, to ensure education and welfare of the children till the children attain the age of 18 years husband and wife may be posted at the same station. While bringing in this O.M., Government even thought of making the provision of posting at the same station mandatory. While reviewing the issue of posting of husband and wife at same station Government has taken into considerations the 6th CPC Report, where Govt. Servants have already been allowed the facility of child care Leave which is admissible till the children attain 18 years of age. Adhering with this principle of Care , on the similar lines, consolidated guidelines of provisions about posting of the working spouse has been formulated. The counsel for the applicant also stated that in absence of statutory rules, relevant government orders would hold good and in this regard he places reliance on the judgment passed by Hon ble Apex Court in the case of State of Punjab & Others Versus Jagdish Kaur 2013 (2) SCC (L&S) 257. And he states that the O.M. dated 30.9.2009 shall be followed and adhered in its letter and spirit while passing transfer orders.

6. In the similar line of the O.M. from the DOP&T dated 30.9.2009 respondent no.2 has already issued a letter dated 1.6.2006 with the same principle in respect of posting of husband and wife at the same station with a clear stipulation/intention to ensure the posting of working couples in Grade C & D in the same station.

7. The counsel for the respondents vehemently opposes the contention of the applicant and says that if this is so, then the respondents would be restrained to transfer the applicant anywhere anytime from the present place of posting where he is enjoying a stay of long 17 years i.e. Fatehgarh/Farrukhabad. He also states that this will hamper in the routine/periodical transfer and this type of problems will be there with other government employees also. As the transfer is an incidence of service hence the applicant every time cannot take shelter of the spouse ground.

8. Heard the rival contentions of the parties, perused the documents and pleadings available on record.

9. Though the Hon ble Apex Court in catena of judgments has held that as transfer is an incidence of service hence generally it should not be interfered into, unless until the order is arbitrary, punitive, against the statutory provisions or in exercise of colorable powers, irrespective of that, transfer orders are challenged and assailed time and again before the courts of law and orders have been passed taking into consideration facts and circumstances of each case. With the changing scenario, when more and more ladies are joining the bigger world leaving the comfort of their cozy home, the government as a model employer and a welfare state taking into consideration this advancement, provided some facilities for working women just to help them to lead a normal healthy family life and also to ensure that the children who are the future of the world/society shall not be deprived of the affection and care of the mother till they are attaining the age of 18 years. It cannot be said that while making this provision the government was not aware about the catena of judgments not to interfere in the transfer order. Instead of that, the government has made special provisions for working spouses by O.M. dated 30.09.2009 to encourage the increase of representations of women in every walk of life especially in government jobs. The government has made and categorized certain provisions for the working spouses in O.M. dated 30.9.2009. The subject, theme and the spirit in the overall guidelines for posting of husband and wife as envisaged is very categorical:

Subject:Posting of husband and wife at the same station.

The subject itself equivocally without any ambiguity speaks about posting of husband and wife in a same station. The Railway Board by their letter dated 1.6.2006 had already issued direction about posting of husband wife in group C and D category Railway employees in the same station. In a very clear term, it also stated that even if the categories of the employees are changed, it shall be ensured (,d LFkku ij iRuh vkSj ifr dh rSukrh lqfuf pr dh tk;A) that the husband and wife are posted at the same station.

10. While rejecting the representation of the applicant, the respondents have taken three pleas.

(i) The applicant is posted at Fatehgarh almost for 17 years. .

(ii) To make time bound transfers and adjustments.

(iii) The wife may request her employer for her transfer.

The above stated reasons are seems to be vague and unsubstantiated ground, showing no administrative exigency. When the post is there, and the work of the applicant is also satisfactory, only on the ground that he is there for a long time or to make time bound periodical transfers, the applicant needs to be transferred hold no justification. Nor does the wife need to request for her transfer to the place where her husband has been transferred. None of these reasons seem to be very urgent administrative nature which cannot be done away otherwise without transferring the applicant.

11. The motive behind the O.M. dated 30.9.2009 though not very categorically transcribed as mandatory but the theme & spirit behind the issuing of this O.M. is almost mandatory in nature. Clause 4(vii) categorically prescribes how to deal with the issue of transfer when one spouse is employed under the central Government and the other spouse is employed under the State Government:-

The spouse employed under the Central Government may apply to the competent authority and the competent authority may post the said officer to the station or if there is no post in that station to the State where the other spouse is posted.

12. In clause 5 of the O.M. dated 30.09.2009 government has also dealt into about unaccomodative attitude of employers at times, and directed as under:-

5.Complaints are sometimes received that even if posts are available in the station of posting of the spouse, the administrative authorities do not accommodate the employees citing administrative reasons. In all such cases, the cadre controlling authority should strive to post the employee at the station of the spouse and in case of inability to do so, specific reasons, therefore, may be communicated to the employee.

13. The reasons given by the respondents rejecting the request do not reflect that kind of administrative exigencies which cannot be mete out without transferring the applicant.

14. In Deepa Vaishistha Versus State of U.P. 1996(1) ESC 148 (All-DB) it has been categorically held that:-

If the administrative exigencies or public interest so requires, certainly husband and wife may be transferred to different places but only in exceptional cases i.e. in respect of rare cases, for which no illustration can be given.

But now a days it is invariably seen that for the reasons best known to the department, this kind of transfers are being made disturbing the couple. In the opinion of this court, as such practice needs to be deprecated.

15. In view of the entire above discussions the transfer order dated 23.4.2014 in respect of the applicant and the rejection order dated 4.8.2014 of his representation is quashed and set aside. Accordingly, the OA is allowed. No Costs.


[Jasmine Ahmed] Member-J /ns/ ??blo




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